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The annulment of arbitral awards for violation of international public policy under Spanish law
Arbitration is one of the best known and most widely used alternative dispute resolution (ADR) mechanisms at an international level. This mechanism
Arbitration in Europe: new rules on third-party litigation funding
On September 13, 2022, the European Parliament passed a resolution to propose a directive (the “Directive”) on the regulation of third-party
Threshold for grant of security of amount in dispute under section 9 of the Arbitration and Conciliation act, 1996: An Analysis of Essar House Private Limited v. Arcelor Mittal Nippon Steel India limited
The grant of security of the amount in dispute under Section 9 of the Arbitration & Conciliation Act (“Act”) is a drastic interim measure that aects
Section 29A (Arbitration and Conciliation Act, 1996): Applicability and Judicial approach
The delayed settlement of the arbitration proceedings had formed an eclipse over the speedy resolution of the disputes in India. The introduction of
Treatment of Non-Signatory in an Arbitration - did GE Energy Case Answer The Question?
Consent has always been a cornerstone of arbitration, whether it is under international treaties or state legislation. The proceedings rest
Can the Court Partially Set Aside the Award under section 34?: Analyzing the NHAI vs. Additional Commissioner, Nagpur & Others
Minimum Judicial intervention in arbitration proceedings ensures that disputes are resolved in an ecacious, speedy, and cost-eective manner. 'The
Appointment of New Arbitrator and Jurisdiction Seat of Arbitration
The Supreme Court of India in the case of BBR (India) Private Limited vs. S.P. Singla Constructions Private Limited recently dealt with the question
First Circuit Readies for Decision on Food Delivery Driver Arbitration
The U.S. Court of Appeals for the First Circuit on Nov. 9, 2022, heard oral argument in the latest bids by food delivery drivers to escape
Sports Arbitration - CAS, TCAS and Everything In Between
With the 2022 FIFA World Cup underway, the centrality of sport to world cultural and economics is clear. As sporting institutions have evolved, so
NAFTA’s Sunset Period Will End in June 2023 and Claims Must Be Notified Earlier, in Some Cases by Year-End 2022 - NAFTA Investors Should Consider their Options Now
State conduct may adversely affect foreign investors and their investments. Investors protected under international investment treaties may bring
Part 8 claims - When to use Part 8 to challenge an adjudicator’s decision
Iain Drummond and Lindsay Robinson look at the judgment in Breakshore Ltd v Red Key Concepts Ltd 2022 5 WLUK 677 and consider when it is
Afridi & Angell announces new partners
Afridi & Angell is pleased to announce that Saurbh Kothari, Mevan Bandara, and Abdus Samad have been admitted to the partnership, effective 1 Novemb
Có bắt buộc phải thương lượng, hoà giải theo thoả thuận trước khi khởi kiện tranh chấp ra Trọng tài Thương mại tại Việt Nam?
Trong hầu hết các hợp đồng kinh doanh thương mại hiện nay, các bên trong hợp đồng thường đưa vào thoả thuận trọng tài để yêu cầu Trọng tài giải quyết
Code is not law arbitration’s critical role in resolving crypto disputes
With the crypto market enduring its most significant test to date, we explore how arbitration has become the industry’s go-to forum for solving
Galadari Highlights: Dubai Arbitration Week Nov 2022
Dubai Arbitration Week 2022 was a hit. Not only was it very well attended by arbitration lawyers and pundits gathered from all four corners of the
Arbitration on the rise in Australia: acica reflects on a decade of growth
The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’
Subjects and separability
In DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd 2022-000247 EWCA, the Court of Appeal, in a judgment upholding the High Court’s
Using family mediation to help you separate
Throughout this year’s Good Divorce Week, we are focusing on some of the options available to families outside of the court system. Mediationforms an
Reasons to be cautious: arbitration clauses in consumer contracts
A recent English Court of Appeal decision1 has highlighted the issues that can arise when organisations include an arbitration agreement in their
Litigation Funding:Third-party funding in international arbitration
While international arbitration spans multiple types of claims, overlapping jurisdictions and legal regimes, there are some commonalities to consider
The usual suspects project: deciphering decision-making in arbitrator selection
The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called ‘The Usual Suspects Project’ with the
IBA focuses in on small value claims in investment arbitration
According to UNCTAD, there have been at least 116 investment arbitrations where the claimant has sought compensation in excess of USD 1 billion
2022 soas arbitration in Africa survey reveals a thriving market for arbitration on the continent
The School of Oriental and African Studies recently published the third iteration of its Arbitration in Africa Survey Report in October 2022 (here
Permanent Court of Arbitration Opens Representative Office in Vietnam
On November 24, 2022, Secretary-General of the Permanent Court of Arbitration (PCA) Marcin Czepelak and leaders of Vietnam’s Ministry of Foreign
ICC decision on liability in case of pursuing action in courts notwithstanding a valid Arbitration clause
In Turkey, parties of a dispute tend to resort to courts even if they have a valid arbitration clause for the respective dispute. In the Final Award
Adjudication Enforcement and Arbitration
In this article, Michael Woolley considers the recent decision of the TCC in Northumbrian Water Ltd -v- Doosan Enpure & Anor 2022 EWHC 2881 (TCC
Will mediation have a greater role to play for businesses during recession?
For a business in the throes of a commercial dispute, the financial strain of legal action is bound to weigh heavy, and so where possible, most will
Arbitrator Should Decide Whether NY Or CA Law Should Apply
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute
Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The
工商時報_名家評論離岸風電行政契約的履約爭議解決途徑
2020年起因COVID-19疫情各行各業和全球供應鏈大受影響台灣離岸風電工程也不例外第一階段第二階段各風場原定於20212022完工期程許多遭遇疫情導致工程延宕因此分別向經濟部提出展延申請